In this Act, unless the context otherwise requires,—
2001 supply agreement means the agreement called ENZAFRUIT Agreement–2001 Edition entered into by ENZA and its suppliers
2002 foreign exchange contracts means the foreign exchange contracts that are specified in the Schedule
apples and pears has the meaning set out in regulation 2 of the Regulations
Board means the New Zealand Apple and Pear Board established by regulation 25 of the Regulations
Committee means the Apple and Pear Export Permits Committee established by regulation 36 of the Regulations
Director-General means the chief executive of the Ministry of Agriculture and Forestry or any other Ministry that, with the authority of the Prime Minister, for the time being assumes responsibility for the administration of this Act
ENZA means the company incorporated under the Companies Act 1993 as at 1 April 2000 with the name ENZA Limited
fees means permit fees levied by the Committee on the basis of the volume of fruit approved to be exported under an export permit
Regulations means the Apple and Pear Export Regulations 1999 (SR 1999/311)
supplier means a person who supplied, under a supply agreement, apples or pears (or both) to ENZA or the New Zealand Apple and Pear Marketing Board (before its conversion to ENZA)
supply agreement means—
(a)
the 2001 supply agreement for the supply of apples and pears to ENZA:
(b)
any earlier supply agreement for the supply of apples and pears to the New Zealand Apple and Pear Marketing Board (before its conversion to ENZA).
Repeal of Apple and Pear Industry Restructuring Act 1999
The Apple and Pear Industry Restructuring Act 1999 (1999 No 96) is repealed.
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Dissolution of Board and Committee
(1)
On the commencement of this Act,—
(a)
the Board and the Committee are dissolved and the term of office of every member of the Board and the Committee ends:
(b)
the assets—
(i)
of the Board vest in ENZA:
(ii)
of the Committee vest, in accordance with subsection (2), in each person who holds a permit as a result of an application made during the period of 1 October 2000 to 30 September 2001:
(c)
subject to paragraph (d), the liabilities of the Board and the Committee vest in the Crown:
(d)
the liabilities (if any) of the Board relating to, or arising from, any act or omission of the Board in the performance of its functions under the Regulations are extinguished:
(e)
no legal proceedings, except for judicial review, may be taken in respect of any act or omission of the Board relating to, or arising from, the performance of its functions under the Regulations.
(2)
The assets vest in the same proportion as the amount of fees paid by each permit holder bears to the total fees paid for export permits by all permit holders in the period of 1 October 2000 to 30 September 2001.
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Transitional provision
(1)
On and from the commencement of this Act,—
(a)
the Director-General has, and may exercise in the name of the Board, the powers of the Board—
(i)
to take action under any authorisation issued by the Board to ENZA under Part 2 of the Regulations:
(ii)
to perform the functions of the Board under regulation 26(1)(b) of the Regulations:
(iii)
to commence, carry on, or complete any action by the Board (including legal proceedings) in respect of ENZA under subparagraphs (i) and (ii):
(iv)
to carry on, complete, enforce, or defend any legal proceedings pending by or against the Board; and
(b)
all money payable to the Board is payable to, and recoverable by, the Director-General in the name of the Board; and
(c)
all records and other information held by the Board and the Committee must be transferred to the Director-General.
(2)
Anything done under subsection (1)(a) has the same effect as if the Board had not been dissolved and the Regulations had not been revoked.
No person who was a member of the Board or Committee is personally liable—
(a)
for any liability of the Board or Committee; or
(b)
for any act done or omitted to be done by the Board or Committee in good faith in the performance or intended performance of the functions, duties, or powers of the Board or Committee.
8-
Suppliers not liable for certain losses of ENZA
(1)
On and from the commencement of this Act,—
(a)
ENZA must not make any deductions (either directly or indirectly) from the returns payable to suppliers under a supply agreement in respect of any losses arising from the 2002 foreign exchange contracts; and
(b)
ENZA must refund to each supplier any deductions (not already refunded) made—
(i)
from returns paid to suppliers under a supply agreement; and
(ii)
in respect of any losses arising from the 2002 foreign exchange contracts.
(2)
ENZA must, by 31 January 2002, provide to each supplier an audited statement of account in relation to all deductions made from the supplier’s returns under the 2001 supply agreement.
(3)
The audited statement of account must include the following information:
(a)
a schedule of payments made by ENZA to the supplier:
(b)
an itemised list of the deductions made by ENZA from the supplier’s returns under the 2001 supply agreement:
(c)
a statement relating to the purpose of the deductions.
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No compensation
No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of this Act.
